SPECIAL EDUCATION ELIGIBILITY

After the agreed upon assessments are completed, a written report of each assessment is prepared. A copy of the evaluation report(s) and documentation that will be used for a determination of eligibility shall be given to the parent not less than 10 calendar days prior to the meeting. N.J.A.C. 6A:14-3.5(a)
 
Notice of a Meeting
 
 
 
 
 
Meeting Participants
 
 
 
 
 
 
 
 
 
Determining Eligibility
 
 
 
 
 
 
 
 
 
 
Determined Not Eligible
Meetings to determine eligibility and develop an IEP shall, if feasible, be combined as long as the requirements for notice of a meeting are met. N.J.A.C. 6A: 14-2.3(k)
 
Eligibility is determined collaboratively by the parent, a teacher knowledgeable about the student's educational performance and/or about the district's programs, the student where appropriate, at least one CST member who participated in the evaluation, the case manager and/or other appropriate individuals at the discretion of the parent or school district. N.J.A.C. 6A: 14-2.3(k)1
 
A student shall be determined eligible and classified "eligible for special education and related services" when:
  • The student must have one or more of the disabilities defined in N.J.A.C. 6A:14-3.5(c)1-14.
  • The disability adversely affects the students educational performance; and
  • The student is in need of special education and related services.
Within 15 calendar days of the meeting, the parent will be provided with written notice of the determination that the student is ineligible for special education and related services and a copy of the short procedural safeguards statement.
 
A student shall not be determined eligible if the determinant factor is due to a lack of instruction in reading, including the essential components of reading instruction, or math, or due to limited English proficiency.  N.J.A.C. 6A: 14-3.5(b)

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